Criminal Law - what does it mean?

on .

criminal-lawCriminal law involves prosecution by the federal government of an individual for an act that is classified as a crime. Civil cases, however, involve individuals and organizations wanting to resolve legal disputes. In a criminal case, Hawaii, by way of a prosecutor, initiates the suit, during a civil case the victim brings the suit. Persons convicted of a crime could be incarcerated, fined, or both. However, persons found liable in a civil case may simply quit property or pay money, but aren't incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are several common law crimes, most crimes in the USA are established by local, state, and federal governments. Criminal laws vary significantly from state to convey. There's, however, a Model Penal Code which serves as an excellent starting place to get a knowledge of the essential structure of criminal liability.
Crimes include both felonies (much more serious offenses -- like murder or rape) and misdemeanors (less serious offenses - like petty theft or jaywalking). Felonies are often crimes punishable by imprisonment of per year or even more, while misdemeanors are crimes punishable by significantly less than per year. However, no act is really a crime if it is not previously established therefore either by statute or common law. Recently, the set of Federal crimes coping with activities extending beyond state boundaries or having special effect on federal operations, is continuing to grow.
All statutes describing criminal behaviour could be broken down to their various elements. Most crimes (apart from strict-liability crimes) contain two elements: an act, or actus reus, and a state of mind, or mens rea. Prosecutors need to prove every single part of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge beyond an acceptable doubt of each fact essential to constitute the crime charged. In civil cases, the plaintiff must show a defendant is likely only by way of a preponderance of the data, or even more than 50%.

How to Organize a Legal Protest

on .

Although it may seem like a daunting task to organize a protest, it really only involves a few steps to ensure you stay on the right side of the law. However, those few steps can vary in complexity depending...

These Are the States Suing Over Trump's New Travel Ban

on .

When President Trump released his first executive order on immigration and refugees from Muslim-majority countries, we noted the "response -- from protestors and civil rights attorneys -- was immediate." That immediate response included a stay from federal judges and, ultimately,...

Ethics Rules for White House Employees

on .

For White House staffers and even high level officials, there are strict ethical standards that are supposed to be followed. In fact, some of those ethical standards are codified in criminal laws. Among the most well known type of...

Can This New Chatbot Solve Refugee Legal Issues?

on .

A new chatbot, a computer programmed to mimic conversation with users, is hoping to help refugees by providing free legal assistance. No, the chatbot is not a walking, talking, humanoid-type lawyer-robot, it is simply a program that runs through...

Non-Sequiturs: 03.17.17

on .

* Whaddya know. Preet Bharara said to be investigating HHS Secretary Tom Price at the time he was fired. [ProPublica] * Ninth Circuit Judge Richard Clifton doesn't mention Donald Trump's name, but that's totally who he was talking about. [Huffington Post] * Will the Jones Day raid tip the balance of geopolitical affairs? [Law and More] * Speaking of Jones Day, here's another deep dive into the firm (featuring Paul Barrett of Bloomberg Businessweek and our own David Lat). [Big Law Business] * A terrible injustice in El Salvador. [Washington Post] * Who's really getting screwed by the electoral college? Hint: It's America. [Salon] * Trump's travel ban was doomed from the start. [Huffington Post]

What Is Freedom of the Press?

on .

The First Amendment states plainly that "Congress shall make no law ... abridging the freedom of speech, or of the press." But without more details, that leaves a lot of scenarios unaccounted for. Does the press have unfettered access to...

Top 10 Tax Law Questions

on .

If Christmas is the most wonderful time of the year, Tax Season is the most less-wonderful and slightly stressful time of the year. And unless you've got a big return coming, you're probably delaying your tax filing as long as...

Do You Need a Prenup for Your Sex Tape?

on .

Judging from leaks to media and porn sites (and subsequent lawsuits), it seems that the only people without sex tapes these days are people without access to a video camera. And far too often, those tapes aren't so much "leaked"...

How Drug Abuse Can Affect Divorce

on .

Drug abuse is often cited as a reason for couples to divorce. Not only does the person dealing with a substance or drug abuse problem suffer, it is likely that their spouse also suffers from indirect consequences. The consequences can...

7 Employment Laws Every Worker Should Know

on .

Every worker in the US knows that federal and state laws protect them from discrimination, sexual harassment, retaliation, and unsafe working conditions. However, the laws that govern employment vary from state to state and are often rather nuanced....

Tips for Stay-at-Home Moms in Divorce

on .

If you sacrificed a career or earning potential to care for your children during a marriage, you may be worried about how you'll support yourself and your children after a divorce. Beyond the emotional and financial stress, you may be...

Non-Sequiturs: 3.3.17

on .

* D.C. Circuit cites My Cousin Vinny while ruling protesters can be charged under a law banning “Harangues or Orations.” Uhh… everything the D.C. Circuit just said is bullsh*t… Thank you. [Election Law Blog] * I hereby demand a second investigation, after Schumer, of Pelosi for her close ties to Russia, and lying about it. […]

Can You Sue Government Officials?

on .

Suing government officials and employees is not always possible, and when it is, it's more difficult than most people expect. Whether you have a civil rights case against a law enforcement officer for excessive force, or a postal carrier...

Top 6 Tips for Filing Taxes After Divorce

on .

Divorce season is upon us. And tax season is right behind. And if you thought extricating yourself from your marriage was tricky, just wait until you have to file your tax return, both this year and next. Tax filings can...

Will the Email Privacy Act Become Law?

on .

The idea of internet privacy seems to take one of two forms: outrage that web browsers, email providers, and ISPs have nearly unfettered access to your information on the one hand, and on the other a shrug of the shoulders...

Non-Sequiturs: 02.17.17

on .

* Greeeeeaaaaat. Now it's easier for states to defund Planned Parenthood. [Slate] * Scott Pruitt is the new EPA chief, but his open records issues continue. [Huffington Post] * Finding new job opportunities as you age. [Law and More] * Justice Breyer is an optimist. [Harvard Magazine] * Law school scholarships and market forces. [TaxProf Blog] * Kate Spade is exploring her options. [The Fashion Law] * Randy Maniloff interviews Karen Korematsu, daughter of the late, great Fred Korematsu. [Coverage Opinions] * RBG's legacy. [YouTube via How Appealing] https://www.youtube.com/watch?v=chLdAKe9ADw